Subrata Talukdar, J. - (1.) The short point in issue in this writ petition arises out of the claim of the petitioner for disbursement of full pensionary benefits with effect from his superannuation on 1st September, 2004, including other terminal benefits such as gratuity.
(2.) The petitioner was in service as Lecturer in Zoology at a Non-Government Women's College affiliated to the University of Burdwan (for short hereinafter referred to only as the College and the University respectively). The petitioner claims to have joined service in 1972 and, during service, was in receipt of revised University Grants Commission (UGC) scales of pay which came into effect from 1st of January 1986.
(3.) On the 3rd of January 1988, the petitioner was implicated in a criminal case under Sections 498 A and 302 of the Indian Penal Code. In view of such implication the pension disbursing authority, viz. the State respondents, invoked Rule 14 of the West Bengal Services (Death Cum Retirement Benefit) Rules, 1971 (for short the 1971 Rules) which, inter alia, reads as follows: "14. Criminal proceedings- A Government servant who retires from service but against whom criminal proceeding involving moral turpitude are pending in a court of law, shall not be sanctioned any pension until the termination of the criminal proceedings. An interim allowance not exceeding two-thirds of the pension that granted during the pendency of such proceedings in cases of hardship. If he is convicted on a criminal charge involving moral turpitude he shall not be entitled to any pension; compassionate allowance may be granted subject to the same terms and conditions as laid down in rule 12.";